Section 130L
Under Chapter XIVA
An employer who fails to comply with Chapter XIVA, or any person who forges, alters or tampers with a Licence To Employ
Non-Resident Employee or any person in possession of a forged, altered or tampered Licence To Employ Non-Resident Employee, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for six months or to both.
General Penalty 130M.
Any person who commits any offence under this
Ordinance or any rule, order or other subsidiary legislation made thereunder, in respect of which no penalty is provided, shall on conviction be liable to a fine not exceeding ten thousand ringgit.
Power to compound offences 130N.—
(1)
The Director, Deputy Directors of Labour or Senior
Assistant Directors of Labour appointed under paragraph (a) or (b) of
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subsection (1A) of section 3 may, compound any offence committed by a person which is punishable under this Ordinance or any rule made under this Ordinance.
(2)
The Director, a Deputy Director of Labour or a Senior
Assistant Director of Labour may, in a case where he deems it fit and proper so to do, compound an offence by making a written offer to the person who has committed the offence to compound the offence on payment to the Director, Deputy Director of Labour or Senior
Assistant Director of Labour as the case may be, within such time as may be specified in the offer, of such sum of money, as may be specified in the offer, which shall not exceed fifty per centum of the amount of the maximum fine (including the daily fine, if any, in the case of a continuing offence) to which the person would have been liable if he had been convicted of the offence.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or within such extended period as the Director, Deputy Director of Labour or Senior Assistant
Director of Labour may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection
(2)
—
(a)
no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any book, register or document seized in connection with the offence shall be released immediately.
(5)
Any moneys paid to the Director, Deputy Directors of
Labour or Senior Assistant Directors of Labour pursuant to subsection
(2)
, shall be paid into and form part of the Federal Consolidated Fund.
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CHAPTER XVIB
Power to make rules 130O.—
(1)
The Minister may from time to time, after consultation with the State Authority, make such rules as may be necessary or expedient for giving full effect to the provisions of this
Ordinance, or for the further, better or more convenient implementation of the provisions of this Ordinance.
(2)
Without prejudice to the generality of the foregoing, the
Minister may make rules—
(a)
limiting the powers of officers appointed under subsection (1A) of section 3;
(b)
prescribing the conditions under which female employees may work at night;
(c)
prescribing the rate of the maternity allowance to which female employees shall be entitled during the eligible period;
(d)
prescribing the maximum period during which notice of dismissal given by her employer to a female employee who is absent from her work as a result of illness certified by a registered medical practitioner to arise out of her pregnancy or confinement shall not expire;
(e)
prescribing the times which employees shall be entitled to take off from work for meals and which they shall be entitled or required to take off for rest;
(f)
prescribing the form of any register, summons or order required to be kept, issued or made under this Ordinance;
(g)
prescribing the procedure for sending summonses, warrants and orders issued or made under this Ordinance in
Sarawak for service or execution in the Republic of Singapore and Brunei, and making provisions for the service or execution in
Sarawak of summonses, warrants and orders issued or made in the Republic of Singapore and Brunei;
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(h)
prescribing fees to be paid for filing of claims under section 8A and for copies of notes of evidence recorded under
Chapter IIA;
(i)
prescribing the contents of a written contract required under subsection (3) of section 19;
(j)
to provide for the application of all or any of the provisions of the Ordinance to all domestic servants and to provide generally for the engagement, repatriation and working conditions of domestic servants;
(k)
to provide for the entitlement of employees and the payment by employers of termination, lay-off and retirement benefits;
(l)
to prescribe the conditions for the employment of part-time employees, including the manner in which the hours of work of such employees are to be computed for the purposes of determining whether such employee falls within the definition of a part-time employee;
(m)
to regulate the employment of children and young persons and may specify—
(i)
the form of licence to be issued under section 74D and the conditions and restrictions to be attached to such licence;
(ii)
the time which children and young persons employed shall be entitled to take off from work for meals or rest periods; and
(iii)
the procedure to be followed by any Board appointed under subsection (2) of section 75A;
(n)
to regulate the manner and form in which applications shall be made for a Licence To Employ Non-Resident Employee under this Ordinance and may—
(i)
specify the particulars to be furnished upon every such application;
(ii)
specify the conditions under which any licence may be issued;
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(iii)
prescribe the form of licence;
(iv)
prescribe the fees payable therefor and the particulars to be set forth therein;
(v)
determine the security to be furnished by applicant for licence;
(vi)
require records to be kept by licensee; and
(vii)
prescribe the maximum duration for the employment of non-resident employee;
(o)
provide for the establishment of a Fund or Board or other method of recovering the discharge of any liabilities and the expenses of recruitment and repatriation of employees upon such terms and conditions and subject to such control as he deems necessary; and
(p)
to prescribe for the calculation of overtime for piece rated employees under subsection (10) of section 105.
(3)
Any such rule may provide a penalty for the breach or contravention thereof not exceeding a fine of ten thousand ringgit.
[Ins. Act A1237.]